The DPP has ordered police to release David Ndii on police bond and for the inquiry file to be forwarded to him once the probe is concluded.
Keriako Tobiko issued the directive on Monday after Ndii was held at DCI headquarters following his arrest in Kwale on Sunday.
Tobiko directed that once investigations are completed, the resultant inquiry file be forwarded to his office.
The NASA strategist was arrested and interrogated for incitement in the wake of the Opposition’s push for the creation of the People’s Assembly.
It is alleged that he had been meeting several groups of people to discuss secession at the luxurious Leopard Beach Resort in Diani.
NASA leaders including Siaya Senator James Orengo, Nairobi senator aspirant Edwin Sifuna, and CEO Norman Magaya were barred from seeing Ndii at the police station.
Ndii publicly declared that NASA leader Raila Odinga said he will be sworn-in as President on December 12.